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NY F89518




July 26, 2000

CLA2-RR:NC:TA:357 F89518

CATEGORY: CLASSIFICATION

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: Classification and country of origin determination for a men’s outerwear jacket; 19 CFR 102.21(c)(4)

Dear Mr. Travis:

This is in reply to your letter dated July 11, 2000, on behalf of Tristate Holdings Limited, requesting a classification and country of origin determination for a men’s jacket which will be imported into the United States.

FACTS:

The subject merchandise consists of a men’s jacket with a shell made from visibly coated fabric. The item in question, style S/5417, extends to the upper thigh and has an elasticized drawcord through the bottom hem. The jacket has a full-front zippered opening with a snapped storm flap, an integral hood with an elasticized drawcord, patch pockets with flaps and long sleeves with elasticized ends. The sleeves can be converted to short length by zipping off the lower portions. The shell fabric is a woven blend of 70% cotton/30% nylon material with a visible coating on the inner surface. The jacket is unlined.

The sample jacket and unassembled components you submitted are being returned as you requested.

The sourcing operations for the jacket are as follows:

Korea:

Shell fabric is sourced

Hong Kong:

Nonwoven interlining
Eyelet
Elastic band
Rubber patch
Snaps
Drawstring
Nylon webbing tape
Magic tape
Sewing thread
Labels
Zipper

The manufacturing operations for the jacket are as follows (the countries may change, but will not include Israel):

Fabric is cut into component parts
Interlining fused to cut parts
Pockets are sewn onto front panels
Zipper sewn to front panels
Front placket sewn and attached to front panel Sew front facing to front panels
Sew adjustable tabs to back panel
Sew storm hem
Sew hood panels
Sew pocket to sleeve panel
Sew zipper to upper and lower sleeve panels

The woven shell panels and components are assembled, including:

Front and back panels are joined at the shoulders Sleeve panels are sewn to front and back panels at the armhole Side seams of sleeve panels are closed to form sleeves Side seams joining front and back panels are closed Collar is sewn to front and back panels and joined to shell All seam allowances are sewn with finding Hood is joined at neck seam
Elasticized cuffs are sewn
Storm hem is sewn to body
Labels and snaps are attached k. Garment finished, ironed, packed

ISSUE:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the jacket will be 6210.40.9025, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men’s or boys’ garments made up of fabrics of heading 5903, 5906 or 5907, other than of man-made fibers: anoraks (including ski-jackets), windbreakers and similar articles. The rate of duty will be 6.4 percent ad valorem.

This jacket falls within textile category designation 334. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act (codified at 19 U.S.C. 3592) provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"

Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section":

HTSUS Tariff shift and/or other requirements

If the good consists of two or more component parts, a change to an assembled good of heading 6210 through 6212 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession.

As the subject merchandise is not wholly assembled in a single country, territory, or insular possession, the terms of the tariff shift are not met.

Section 102.21(c)(3) states that, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) or (2) of this section":

(i) If the good was knit to shape, the country of origin of the good is the single country, territory, or insular possession in which the good was knit; or

(ii) Except for goods of heading 5609, 5807, 5811, 6213, 6214, 6301 through 6306, and 6308, and subheadings 6209.20.5040, 6307.10, 6307.90, and 9404.90, if the good was not knit to shape and the good was wholly assembled in a single country, territory, or insular possession, the country of origin of the good is the country, territory, or insular possession in which the good was wholly assembled.

As the subject merchandise is neither knit, nor wholly assembled in a single country, Section 102.21 (c)(3) is inapplicable.

Section 102.21 (c)(4) states, "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory or insular possession in which the most important assembly or manufacturing process occurred".

In the case of the subject merchandise, the joining of the front and back panels at the shoulders and side seams, the joining of the sleeve panels to the body panels and the closing of the sleeve seams and the sewing of the hood and collar to the body of the garment constitute the most important assembly processes. Accordingly, the country of origin of the jacket is country ‘B’.

HOLDING:

The country of origin of the jacket is country ‘B’. Based upon international textile trade agreements products of China, Hong Kong, Taiwan and the Philippines are subject to quota and the requirement of a visa.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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